$6.2M
Product Liability, Wrongful Death, Boating Accident
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Case Details
The family of Joplin man who died from carbon monoxide poisoning sued the manufacturer of the generator. John Harris was a guest of Randolph and Lois Anderson on their 40 foot yacht at the Lake of the Ozarks on May 31, 1999. On Memorial Day, John Harris along with the owners of the boat and another passenger, Robert Stein, died of carbon monoxide inhalation. Missouri Law Enforcement initially treated the accident as a homicide but quickly determined the deaths resulted from a failed exhaust component of an onboard Kohler gas powered generator. Our investigation uncovered facts that showed the auxiliary power generator system on board the boat was defective.
Additional Notes
Harris owned a construction business and was a resident of Joplin. The wife and mother of John Harris brought suit against the generator manufacturer, Kohler Company, the boat manufacturer, the boat’s owners, the boat surveyor and the mechanics who performed work on the boat months before the four deaths. Our investigation uncovered facts that showed the failure rate on this part was as high as 23%. Despite a high failure rate and four other deaths, Kohler refused to recall the product until recently. Evidence showed that Kohler had originally selected metal that would last the lifetime of the part, but then, chose to use a less expensive material that is subject to corrosion, break down and failure. Kohler switched to stainless steel in 1998, but continued to sell the destructive part for another ten years. Kohler also never published the availability of the redesigned part until 1998. Kohler has issued a world wide recall of the defective part and all generators that contain the defective part and will pay for the part, labor and all associated expenses. Kohler has agreed to publish the recall in appropriate media, through its dealer and distribution network and inform boat manufacturers who utilize the effected generators on their yachts. Kohler also agreed to inform the United States Coast Guard.